The EU’s quest for “future-proof” AI regulation is a fantasy. AI evolves through emergent properties that defy prediction, yet Brussels continues to draft rules with an industrial, linear mindset. The result is a regulatory immune system that can detect but not respond. The path forward is adaptive regulation: modular rules, real-time sensing, plural triggers, and...Read More
This article applies the principal–agent framework to the use of autonomous AI systems in digital markets. It examines the challenge of aligning AI agents with the interests of end-users, given that many systems may also reflect the objectives of developers, platform providers, or advertisers. These “shadow principals” create persistent information asymmetries and reduce user control....Read More
Artificial Intelligence technologies prompt several doctrinal shifts in competition law. For AI market governance, this means moving toward personalized enforcement. Rather than applying one-size-fits-all legal tests, regulators may need to tailor rules and liability standards by sector, by actor, or by the sophistication of algorithms in use. This approach requires greater transparency, context-sensitive oversight, and...Read More
The European Union’s AI Act applies across a broad range of domains and use cases, aiming to promote horizontal consistency and prevent the sectoral fragmentation of AI governance. This paper identifies five key challenges in operationalizing such horizontal AI regulation and explores their implications for the design of an effective institutional governance framework. Together, these...Read More
This article explores Japan’s emerging approach to regulating generative AI, balancing innovation and risk. The government emphasizes soft, sector-specific regulation guided by international norms, while the 2025 AI Bill outlines policies promoting AI development and safety. The Japan Fair Trade Commission (JFTC) is conducting a market study to assess competitive concerns in generative AI, and...Read More
This article explores Japan’s emerging approach to regulating generative AI, balancing innovation and risk. The government emphasizes soft, sector-specific regulation guided by international norms, while the 2025 AI Bill outlines policies promoting AI development and safety. The Japan Fair Trade Commission (JFTC) is conducting a market study to assess competitive concerns in generative AI, and...Read More
The challenges of the global landscape and new market realities, significantly led by the digital sector and AI development, are poised to shape competition policy and call for an unprecedented level of inter-policy coordination. This scenario gives rise to a new legal ecosystem of competition, what one can refer to as competition 2.0, an integrated...Read More
This article examines the problem of statutory obsolescence in the regulation of rapidly evolving technologies, with a focus on GDPR and generative AI. It shows how core GDPR provisions on lawful processing, accuracy, and erasure prove difficult—if not impossible—to apply to AI systems, generating legal uncertainty and divergent national enforcement. The analysis highlights how comprehensive,...Read More
The emerging regulatory landscape in the field of AI will substantially influence the construction of collective memory and play a critical role in shaping our “future’s past”. This contribution takes a close look at the traits of collective memory, maps its potential frictions with the emerging AI field, and demonstrates how multiple AI governance schemes—from...Read More
As the levels of speed and control of Generative AI tech increase to a degree that any media can be changed in real-time to the whim of the consumer, content is becoming interactive – each image its own canvas, each song its own instrument. Counter-intentionally, copyright appears to drive this new form of production towards...Read More
Artificial intelligence is not simply a hard regulatory problem, but a fundamentally different kind of object – a hyperobject. Like global warming or the internet, AI operates at scales of space, time, and complexity that exceed the conceptual and institutional boundaries of conventional regulatory systems. Traditional law and economics frameworks that are designed for bounded,...Read More
This essay examines how the EU’s Digital Markets Act unintentionally reshapes the foundations of generative AI. By barring gatekeepers from relying on “legitimate interest” as a legal basis for processing personal data, the DMA creates a fragmented two-tier regime: smaller firms retain flexibility, Europe’s largest AI deployers face structural limits on scale. The piece argues...Read More
The Network Law Review is pleased to present a special issue entitled “The Law & Technology & Economics of AI.” This issue brings together multiple disciplines around a central question: What kind of governance does AI demand? A workshop with all the contributors took place on May 22–23, 2025, in Hong Kong, hosted by Adrian...Read More
AI systems now perform core compliance tasks once reserved for humans. Prof. Ohm argues that this will drive the marginal cost of regulatory compliance toward zero. The claim is grounded in the nature of compliance work, a walkthrough of automatable duties under the EU AI Act, and a Hamburg court’s embrace of LLM-enabled “machine-readable” opt-outs....Read More
Regulators across the globe are rushing to ramp up their regulatory frameworks to rein in and deal with Big Tech and AI. Brussels has seized first-mover status and already rolled out a dense corpus of digital acts. The move has stirred controversy. While firms and users may face higher costs, doubts about regulatory effectiveness linger....Read More
